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Much of the court’s line of questioning at times sought answers to whether a standard could be applied in a design patent infringement case in such a way that adequately identifies the amount of profit that could be attributed to a particular aspect of a product’s design. In the words of Justice Kennedy: “Once you’ve identified the relevant article, then it seems to me necessarily what you’re doing is apportioning profits. I just don’t see how we can get away from that word.” While it may have seemed that the oral arguments went well for Samsung, that is not always, or even usually, a good gauge of how the Court will ultimately decide. Of course, time will tell.

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